Madhu. S vs Travancore Devaswom Board Represented ...
2024 Latest Caselaw 30431 Ker

Kerala High Court

Madhu. S vs Travancore Devaswom Board Represented ... on 25 October, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                           2024:KER:79517

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                       WP(C) NO. 37551 OF 2024

PETITIONER:

               MADHU. S
               AGED 53 YEARS
               (SUB GROUP OFFICER, THAKAZHI)
               S/O. SIVASAKARA PILLAI,
               KURUNILAM (H), THAKAZHI,
               ALAPPUZHA, PIN - 688 562.

               BY ADV G.VIDYA


RESPONDENTS:

    1          TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY THE SECRETARY
               TRAVANCORE DEVASWOM HEAD QUARTERS,
               NANTHANCODE, KOWDIAR.P.O,
               THIRUVANANTHAPURAM, PIN - 695 003.
    2          DEVASWOM COMMISSIONER
               TRAVANCORE DEVASWOM BOARD,
               TRAVANCORE DEVASWOM HEAD QUARTERS,
               NANTHANCODE, KOWDIAR P.O,
               THIRUVANANTHAPURAM, PIN - 695 003.
    3          ASSISTANT DEVASWOM COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD,
               AMBALAPPUZHA GROUP, AMBALAPPUZHA,
               ALAPPUZHA DISTRICT, PIN - 688 561.

               SRI. G. BIJU - SC


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   25.10.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2024:KER:79517
WP(C) NO.37551 OF 2024
                                   2

                                 JUDGMENT

The petitioner is working as Sub Group

Officer at Thakazhi Devaswom under the

Travancore Devaswom Board. By Ext.P1 order,

he has been transferred as Clerk at the office of

the Assistant Devaswom Commissioner at

Mavelikkara. According to the petitioner, the

imputations made against him in Ext.P1 order of

transfer are incorrect. The petitioner is a

disabled person having 42% disability and the

order of transfer would entail him untold

hardships. The petitioner has preferred Ext.P2

representation before the 1st respondent against

Ext.P1 order of transfer. However, Ext.P2 is not

yet responded to. The petitioner has filed this

writ petition challenging Ext.P1 order.

2024:KER:79517 WP(C) NO.37551 OF 2024

2. Heard the learned counsel for the

petitioner and the learned Standing Counsel for

the Travancore Devaswom Board.

3. The learned counsel for the petitioner

submits that the allegations levelled against him

in Ext.P1 order are incorrect and being a

physically disabled person, he should be

retained at the same station or transfer him to a

nearby station.

4. Since the petitioner has already filed

Ext.P2 representation before the 1st respondent

Board, there will be a direction to the 1 st

respondent to consider Ext.P2 representation,

after hearing the petitioner, as expeditiously as

possible, at any rate, within a period of three

weeks from the date of receipt of a copy of this 2024:KER:79517 WP(C) NO.37551 OF 2024

judgment. Till such time, status quo as regards

the posting of the petitioner, shall be

maintained.

The writ petition is disposed of with the

above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR 2024:KER:79517 WP(C) NO.37551 OF 2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 18.10.2024. EXHIBIT P2 THE TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 1ST RESPONDENT DATED 21.10.2024.

RESPONDENTS EXHIBITS: NIL.